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Kenya Case Law

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Civil procedure [2026] KEHC 12798 (KLR)

Kabuu & another v Kibocha (Suing as the legal representative of the Estate of Burton Wandiga Kibocha)

Kabuu & another v Kibocha (Suing as the legal representative of the Estate of Burton Wandiga Kibocha) (Civil Appeal 59 of 2019) [2026] KEHC 12798 (KLR) (11 August 2026) (Judgment)

The appeal failed because the Respondent had locus standi through a grant ad litem, liability was proved by credible eye-witness evidence showing the Appellant’s vehicle overtaking dangerously and entering the wrong lane, and the trial court’s awards were not so erroneous as to justify interference; although the multiplier approach used for loss of dependency was methodologically unsound due to lack of proof of income, the final figure awarded was not disturbed because it was broadly consistent with comparable global awards and not inordinately high.

  • Liability in negligence
  • Locus standi and grant ad litem
  • Proof of accident and evidentiary value of police abstract
  • Assessment of loss of dependency
  • Pain and suffering
  • Loss of expectation of life
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Civil procedure [2026] KEHC-DR 11 (KLR)

Mburu & another v Mwangi

Mburu & another v Mwangi (Civil Appeal 18 of 2019) [2026] KEHC-DR 11 (KLR) (11 August 2026) (Ruling)

The taxing officer held that the applicable scale was the Advocates Remuneration (Amendment) Order 2014, that the subject matter was ascertainable from the lower court judgment at Kshs.1,547,770.00, and that instruction fees should be taxed using that value. Most contested items were allowed as drawn because they were reasonable, but item 22 on submissions was taxed off in part because it exceeded the proper scale.

  • Party and party bill of costs
  • Instruction fees
  • Appeal taxation
  • Value of subject matter
  • Taxing off excessive items
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Constitutional law [2026] KEHC 12881 (KLR)

Rural Private Hospitals Association of Kenya (RUPHA) v Mombasa County & 46 others

Rural Private Hospitals Association of Kenya (RUPHA) v Mombasa County & 46 others (Petition E189 of 2021) [2026] KEHC 12881 (KLR) (Constitutional and Human Rights) (11 August 2026) (Judgment)

The Court held that RUPHA, as a society registered under the Societies Act, lacked legal capacity to institute the Petition in its own name, and that defect went to the root of jurisdiction and could not be cured by Article 159. The Court further held that the Petition was res judicata because the same core dispute over county single business permit fees on private medical/pharmaceutical premises had already been conclusively determined in prior litigation, especially Kenya Pharmaceutical Association v Nairobi City County & 46 Others. On that basis, the Petition could not be reopened and was…

  • Locus standi
  • Society capacity to sue
  • Res judicata
  • Constitutional pleading precision
  • County single business permits
  • Professional regulation versus trade licensing
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Succession law [2026] KEHC 12796 (KLR)

In re Estate of Wachira (Deceased)

In re Estate of Wachira (Deceased) (Succession Cause 708 of 2012) [2026] KEHC 12796 (KLR) (11 August 2026) (Judgment)

The applicants were not beneficiaries or dependants but alleged purchasers, and the dispute centered on ownership of two land parcels. The probate court could not determine ownership; that question belonged in the Environment and Land Court. Because the applicants had no locus standi in the succession cause and the protest was merited, the improperly obtained grant had to be revoked and the estate left to be administered by the widow for distribution to the genuine beneficiaries.

  • Confirmation of grant
  • Revocation of grant
  • Protest to confirmation
  • Locus standi of purchasers in succession
  • Jurisdiction of probate court
  • Ownership disputes over estate property
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Advocates' remuneration [2026] KEHC-DR 12 (KLR)

Matunda /a EM Juma & Co Advocates v APA Insurance Company Ltd

Matunda /a EM Juma & Co Advocates v APA Insurance Company Ltd (Miscellaneous Civil Application 233 of 2023) [2026] KEHC-DR 12 (KLR) (11 August 2026) (Ruling)

The taxing officer found the value of the subject matter ascertainable at Kshs.1,236,100.00, applied the higher scale because the matter was defended, taxed instruction fees at Kshs.120,000.00, disallowed items not provided for under Schedule 7, reduced attendance and service items in accordance with the applicable schedule, applied the advocate-client uplift and VAT, and taxed the bill at Kshs.308,924.50.

  • Instruction fees
  • Advocate-client costs
  • Bill of costs
  • Value of subject matter
  • Attendance fees
  • Disbursements
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Contract law [2026] KEHC 12808 (KLR)

Kiai v Ndiang’ui

Kiai v Ndiang’ui (Civil Appeal E054 of 2023) [2026] KEHC 12808 (KLR) (11 August 2026) (Judgment)

The appellant breached the 17 October 2019 agreement by stopping the agreed rental remittances from May 2021, but the trial court erred in awarding the entire Kshs. 2,200,000 as immediately due because the contract provided for repayment over ten years and contained no acceleration clause. The earlier 2016 lease was superseded by the 2019 agreement, so no liability could arise under the first contract. The proper remedy was nominal damages for breach plus payment of arrears due under the 2019 agreement from May 2021 onward.

  • Breach of contract
  • Lease agreement
  • Sale agreement superseding prior contract
  • Nominal damages
  • First appellate court review
  • Rental income apportionment
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Constitutional law [2026] KEHC 12785 (KLR)

Mundia & 2 others (Suing as Officials of Kenya Dental Association) v Kenya Medical Practitioners and Dentist Council & 2 others

Mundia & 2 others (Suing as Officials of Kenya Dental Association) v Kenya Medical Practitioners and Dentist Council & 2 others (Petition E499 of 2026) [2026] KEHC 12785 (KLR) (Constitutional and Human Rights) (11 August 2026) (Ruling)

The Oral Health Association of Kenya was not a proper respondent because no violation or threatened violation of rights was pleaded against it, but its presence was useful and necessary for fair and complete adjudication, so it was joined as an interested party. COFEK failed to demonstrate a distinct, non-duplicative stake or prejudice sufficient for joinder, so its application was dismissed. On the merits of interim relief, the petitioners established a sufficient basis for a limited conservatory order to preserve the status quo by restraining implementation of the impugned publication only…

  • Joinder of parties
  • Interested party joinder
  • Conservatory orders
  • Scope of practice in dentistry
  • Public interest litigation
  • Res judicata/collateral attack
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Constitutional law [2026] KEHC 12815 (KLR)

Onyango & another v National Transport and Safety Authority (NTSA) & 3 others

Onyango & another v National Transport and Safety Authority (NTSA) & 3 others (Petition E492 of 2026) [2026] KEHC 12815 (KLR) (Constitutional and Human Rights) (11 August 2026) (Ruling)

The applicants did not displace the respondents’ position that the e-Logbook is derived from an existing electronic motor vehicle register with statutory foundation, and they failed to demonstrate sufficient urgency or constitutional injury to justify broad suspension of the programme. The court therefore applied the preservative purpose of conservatory relief and granted only limited protection: physical logbooks remain valid and cannot be permanently discontinued or invalidated pending the petition.

  • Conservatory orders
  • Public participation
  • Digital governance
  • Privacy and data protection
  • Validity of physical logbooks
  • Administrative modernization
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Criminal law [2026] KEMC 585 (KLR)

Republic v Wanyama (Sexual Offence E029 of 2025)

Republic v Wanyama (Sexual Offence E029 of 2025) [2026] KEMC 585 (KLR) (10 August 2026) (Judgment)

[2026] KEMC 585 (KLR)

  • Prosecution
  • Judgment
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Succession law [2026] KEHC 12795 (KLR)

In re Estate of Chebiego (Deceased)

In re Estate of Chebiego (Deceased) (Succession Cause 195 of 2025) [2026] KEHC 12795 (KLR) (10 August 2026) (Judgment)

The Court found that the administrators had mishandled the estate for decades, failed to complete administration, and acted in breach of their fiduciary obligations by dealing with estate assets without proper distribution to all beneficiaries. It held that the confirmed grants and the partial mediation arrangement were fatally defective for non-disclosure, suppression of material facts, and discriminatory distribution, especially against daughters. The Court therefore invoked section 76 of the Law of Succession Act to annul the confirmed grants and declared the resulting third-party transact…

  • Revocation of grant
  • Confirmation of grant
  • Failure to distribute estate
  • Fiduciary duties of administrators
  • Concealment of beneficiaries
  • Equal inheritance rights of daughters and sons
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.